Title 42, Public Utilities and Carriers and Energy Programs

A person who violates a provision of an order or decision of the railroad labor relations agency is guilty of a misdemeanor and is punishable by a fine of not more than $500.

(a) If, after a reasonable period of negotiation over the terms of a collective bargaining agreement, an impasse as determined by the railroad labor relations agency exists between the corporation and an organization, the railroad labor relations agency shall appoint a person mut…

(a) Following a decision by the mediator to end the mediation proceedings, employees of a collective bargaining unit may engage in a strike for a limited time if a majority of the employees in that collective bargaining unit vote by secret ballot to do so. The limit of the strike…

(a) The Department of Administration may participate in labor negotiations between the corporation and an organization. The corporation may seek advice of the Department of Administration before entering into a collective bargaining agreement concerning wages, hours, and other te…

Upon written authorization of an employee within a bargaining unit, the corporation shall deduct from the payroll of the employee the monthly amount of dues, fees, and other employee benefits as certified by the secretary of the exclusive bargaining representative and shall deliv…

Notwithstanding the provisions of AS 42.40.870, a collective bargaining settlement reached, or agreement entered into, under AS 42.40.860 that incorporates union security provisions, including a union shop or agency shop provision or agreement, shall safeguard the rights of nonas…

(a) The corporation or an employee may not directly or indirectly (1) require or coerce an employee to participate in any way in any activity or undertaking unless the activity or undertaking is related to the performance of official duties; (2) require or coerce an employee to m…

In AS 42.40.710 — 42.40.890, (1) “election” means a proceeding conducted by the labor relations agency in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives, or for any other purpose specified in AS 42.40.710 — 42.40…

(a) All claims and lawsuits involving activities of the railroad, including suits in contract, quasi-contract, or tort, shall be brought against the corporation and not against the state. (b) For the purposes of actionable claims, undertakings, payments of judgments, execution, i…

(a) The corporation shall notify the Department of Law within 30 days before initiating legal action unless special circumstances exist that require immediate legal action to protect the corporation assets or to continue existing service. (b) If notice of legal action is not give…

(a) The exercise of the powers granted by this chapter shall be in all respects for the benefit of the people of the state, for their well-being and prosperity, and for the improvement of their social and economic conditions. Subject to (b) of this section, the real and personal …

To the extent that space is available, the corporation shall provide free transportation on the Alaska Railroad for a member of the Alaska National Guard, the Alaska Naval Militia, or the Alaska State Defense Force who is en route to or from drill, training, or other official mil…

(a) [Repealed, § 38 ch 168 SLA 1990.] (b) Unless specifically provided otherwise in this chapter, the following laws do not apply to the operations of the corporation: (1) AS 19; (2) AS 30.15; (3) AS 35; (4) AS 36.30, except as specifically provided in that chapter; (5) AS 37.05,…

If provisions of this chapter conflict with the provisions of other state law, the provisions of this chapter prevail. Provisions of this chapter shall be construed so that they do not conflict with 45 U.S.C. 1201 — 1214 (Alaska Railroad Transfer Act of 1982).

(a) Not later than two years after the date of transfer the corporation in consultation with the Department of Labor and Workforce Development shall develop and adopt a plan to achieve compliance with AS 18.60. The plan shall be implemented and compliance achieved within five yea…

(a) The governor may provide for the sale or lease of the Alaska Railroad and dissolve the corporation if (1) it can be assured that the railroad will continue to operate after the sale or lease; and (2) under the terms of the sale or lease, the state will receive the amount of m…

Except as provided in AS 42.40.940, if the corporation ceases to exist its assets revert to the state.

In this chapter unless the context otherwise requires, (1) “board” means the board of directors of the Alaska Railroad Corporation; (2) “bonds” means bonds, bond anticipation notes, notes, refunding bonds, or other obligations; (3) “collective bargaining” means the performance of…

This chapter may be referred to as the Alaska Railroad Corporation Act.

(a) The power project fund is established as a separate fund. The fund shall be distinct from any other money or funds of the authority and includes only money appropriated by the legislature, proceeds from the sale of loans appropriated by the legislature, and money deposited un…

Sec. 42.45.030. Loan advisory committee. [Repealed, § 84 ch 58 SLA 1999.] .

(a) The Southeast energy fund is established as a separate fund. The fund consists of (1) money appropriated to the fund by the legislature; (2) money transferred to it under former AS 42.45.050; (3) gifts, bequests, contributions from other sources, and federal money; (4) intere…

(a) A renewable energy grant fund is established as a separate fund to finance certain energy projects in Alaska. (b) The authority shall administer the fund as a fund distinct from other funds of the authority. The fund consists of (1) money appropriated to the fund by the legis…

(a) Subject to appropriations for the purpose, during each fiscal year, the authority shall allocate to each entity listed in (b) of this section an amount to reimburse the cost paid by the entity during the immediately preceding fiscal year for the principal and interest on outs…

(a) The power cost equalization endowment fund is established as a separate fund of the authority. The fund consists of (1) legislative appropriations to the fund that are not designated for annual expenditure for the purpose of power cost equalization; (2) accumulated earnings o…

(a) The power cost equalization endowment fund shall be managed by the corporation under AS 37.13.310. (b) [Repealed, § 6 ch 12 SLA 2023.] (c) On June 30 of each year, the corporation shall determine (1) the average ending market value of the fund for the previous three closed fi…

(a) Five percent of the amount determined by the corporation each year under AS 42.45.080(c)(1) may be appropriated for the following purposes: (1) funding the power cost equalization and rural electric capitalization fund (AS 42.45.100); (2) reimbursement to the corporation for …

In AS 42.45.070 — 42.45.099, (1) “corporation” means the Alaska Permanent Fund Corporation established in AS 37.13.040; (2) “fund” means the power cost equalization endowment fund established in AS 42.45.070.

(a) The power cost equalization and rural electric capitalization fund is established as a separate fund for the purpose of (1) equalizing power cost per kilowatt-hour statewide at a cost close to or equal to the mean of the cost per kilowatt-hour in Anchorage, Fairbanks, and Jun…

(a) The costs used to calculate the amount of power cost equalization for all electric utilities eligible under AS 42.45.100 — 42.45.150 include all allowable costs, except return on equity, used by the commission to determine the revenue requirement for electric utilities subjec…

(a) Notwithstanding the definition of “eligible electric utility” in AS 42.45.150, an electric utility whose primary source of power for sale to customers is one or more of the power projects that were part of the former initial project may not be considered an eligible electric …

If an electric utility receives power cost equalization under AS 42.45.100 — 42.45.150, the utility shall either give to its electric service customers eligible under this program, for each period for which the payment is received, (1) the following notice: NOTICE TO CUSTOMERFor …

(a) In order to qualify for power cost equalization, each electric utility shall make every reasonable effort to minimize administrative, operating, and overhead costs, including using the best available technology consistent with sound utility management practices. In reviewing …

If the authority receives a petition requesting power cost equalization, signed by at least 25 percent of the customers of an electric utility that is subject to rate regulation under AS 42.05 and that has not applied for power cost equalization under AS 42.45.100 — 42.45.150, th…

In AS 42.45.100 — 42.45.150, (1) “commission” means the Regulatory Commission of Alaska. (2) “community facility” means a water and sewer facility, public outdoor lighting, charitable educational facility, or community building whose operations are not paid for by the state, the …

(a) The commission may adjust the power cost equalization per kilowatt-hour, determined under AS 42.45.100 — 42.45.150, payable to an electric utility that is subject to rate regulation under AS 42.05 if the (1) commission has approved a fuel cost rate adjustment caused by an inc…

(a) An electric utility that is not subject to rate regulation by the Regulatory Commission of Alaska under AS 42.05 may receive power cost equalization if the utility is otherwise eligible for equalization assistance under AS 42.45.100 — 42.45.150 and if the utility (1) files wi…

(a) The authority may make a grant from the fund for an eligible utility for a small power project that will reduce the cost of generating or transmitting power to the customers of the utility. The amount of the grant may not exceed 75 percent of the cost of the project. The auth…

In AS 42.45.100 — 42.45.190, “fund” means the power cost equalization and rural electric capitalization fund established under AS 42.45.100.

(a) The bulk fuel revolving loan fund is established in the division to assist communities, utilities providing power in communities, and fuel retailers in communities in purchasing bulk fuel to generate power or supply the public with fuel for use in communities. A community, or…

(a) The bulk fuel loan account is established as a separate account within the fund. The division may make loans from the bulk fuel loan account as provided in AS 42.45.250 — 42.45.299. (b) The division shall establish by regulation criteria under which communities or entities el…

(a) The bulk fuel bridge loan account is established as a separate account within the fund. Subject to availability of funds in the account, the division may make bulk fuel bridge loans from the bulk fuel bridge loan account as provided in AS 42.45.250 — 42.45.299. (b) A communit…

(a) Except as provided under (b) and (c) of this section, interest shall be charged on a bulk fuel loan and bulk fuel bridge loan at a base rate of four percent. (b) The division may establish by regulation a program to reduce the interest rate on the second and subsequent bulk f…

In AS 42.45.250 — 42.45.299, unless the context otherwise requires, (1) “community” means an organized municipality or an unincorporated village that is a social unit if the organized municipality or unincorporated village has a population of less than 2,000 people; (2) “division…

Two or more public utilities may form a joint action agency for the purpose of participation in the design, construction, operation, and maintenance of a generating or transmission facility and to secure financing for carrying out the design, construction, operation, and maintena…

(a) Two or more public utilities that purchase power from a power project acquired or constructed as part of the former energy program for the state and owned by the authority under AS 44.83.396 may form a joint action agency under AS 42.45.300 and under this section to purchase …